Latest news with #LakeLynn
Yahoo
2 days ago
- Business
- Yahoo
Biaforas, Lake Lynn Generation await judge's decision on next step in Cheat Lake drought lawsuit
Jun. 11—dbeard @ MORGANTOWN — Both sides in the Biafora family business dispute with Lake Lynn Generation following last summer's drought await a federal judge's decision: whether the case might be dismissed, or remanded back to Monongalia County Circuit Court and continued there — or neither and simply continue in federal court. Judge Thomas Kleeh held a hearing on the conflicting motions in May in the U.S. District Court for the Northern District of West Virginia in Clarksburg, and both sides have now filed their briefs supporting their motions. Marina 1 LLC, a Biafora family company doing business as Cheat Lake Marina, wants the case sent back to county circuit court. Lake Lynn wants it kept in federal court and wants the case dismissed. Marina 1 filed suit Sept. 30, 2024, alleging that before the Labor Day weekend, Lake Lynn deliberately lowered the level of Cheat Lake below the 868-foot minimum in violation of its Federal Energy Regulatory Commission license. This caused various damages, some of them irreparable. Marina 1 is seeking $50, 000 compensation for property damages. As explained before, the summer drought put Lake Lynn in a trilemma — having to choose between three competing FERC license requirements: maintain the summer level of 868-870 feet ; maintain a flow rate of 212 cubic feet per second (cfs) into the Cheat River, with an absolute minimum of 100 cfs ; and maintain dissolved oxygen at 5 milligrams per liter for the aquatic life. Lake Lynn elected to prioritize complying with its license requirements to minimize adverse aquatic ecosystem impacts and lower the lake level to keep water flowing over the dam and maintain downstream oxygen levels. Marina 1 spells out its arguments in a 10-page brief. In making its choice, "rather than providing Cheat Lake residents and businesses with notice ... informing them to take precautions of the impending lower water level, defendant lowered the water level without prior notification or FERC approval (which itself would have provided notice)." This was an unreasonable action. While Lake Lynn violated its FERC license, Marina 1 alleges, the issue at question is a state tort law claim. "The true issue here, " it alleges, "is simply whether defendant acted reasonably in making the choice to rapidly lower the water level of Cheat Lake without prior notice and, if not, is Defendant liable for the damage that its decision caused under state tort law theories. This issue requires no federal analysis, interpretation, or dispute." Lake Lynn filed its brief late last week. It counters that its FERC license, not state law, sets the standards of care for the operation of its license. "FERC must be given the opportunity to assess if Lake Lynn's license was violated in the first place. ... Plaintiff's claims must be dismissed to seek relief in FERC's administrative proceedings, and, if necessary, before the Fourth Circuit [Court of Appeals ]." The company argues that having to decide between competing license requirements in the case of an emergency was anticipated in FERC's environmental impact statement, which notes that preserving minimum flows during a drought could lower reservoir (Cheat Lake) levels. The statement says, "The primary adverse effect of such draw-downs would be on boating in the marinas." Lake Lynn also noted that the case should remain in federal court because it deals with conflicting interests between two states: maintaining lake levels in West Virginia above the dam, versus downstream water flows in Pennsylvania below the dam. It says five factors must be weighed: prioritizing license requirements ; balancing lake recreational use against the downstream ecosystem ; weighing the impact of the 2024 drought ; determining what constitutes an emergency justifying adjusting the lake levels ; and determining if its FERC license was in fact violated. Kleeh did not set a date for issuing his order on the motions.
Dominion Post
2 days ago
- Business
- Dominion Post
Biaforas, Lake Lynn Generation await judge's decision on next step in Cheat Lake drought lawsuit
dbeard@ MORGANTOWN – Both sides in the Biafora family business dispute with Lake Lynn Generation following last summer's drought await a federal judge's decision: whether the case might be dismissed, or remanded back to Monongalia County Circuit Court and continued there – or neither and simply continue in federal court. Judge Thomas Kleeh held a hearing on the conflicting motions in May in the U.S. District Court for the Northern District of West Virginia in Clarksburg, and both sides have now filed their briefs supporting their motions. Marina 1 LLC, a Biafora family company doing business as Cheat Lake Marina, wants the case sent back to county circuit court. Lake Lynn wants it kept in federal court and wants the case dismissed. Marina 1 filed suit Sept. 30, 2024, alleging that before the Labor Day weekend, Lake Lynn deliberately lowered the level of Cheat Lake below the 868-foot minimum in violation of its Federal Energy Regulatory Commission license. This caused various damages, some of them irreparable. Marina 1 is seeking $50,000 compensation for property damages. As explained before, the summer drought put Lake Lynn in a trilemma – having to choose between three competing FERC license requirements: maintain the summer level of 868-870 feet; maintain a flow rate of 212 cubic feet per second (cfs) into the Cheat River, with an absolute minimum of 100 cfs; and maintain dissolved oxygen at 5 milligrams per liter for the aquatic life. Lake Lynn elected to prioritize complying with its license requirements to minimize adverse aquatic ecosystem impacts and lower the lake level to keep water flowing over the dam and maintain downstream oxygen levels. Marina 1 spells out its arguments in a 10-page brief. In making its choice, 'rather than providing Cheat Lake residents and businesses with notice … informing them to take precautions of the impending lower water level, defendant lowered the water level without prior notification or FERC approval (which itself would have provided notice).' This was an unreasonable action. While Lake Lynn violated its FERC license, Marina 1 alleges, the issue at question is a state tort law claim. 'The true issue here,' it alleges, 'is simply whether defendant acted reasonably in making the choice to rapidly lower the water level of Cheat Lake without prior notice and, if not, is Defendant liable for the damage that its decision caused under state tort law theories. This issue requires no federal analysis, interpretation, or dispute.' Lake Lynn filed its brief late last week. It counters that its FERC license, not state law, sets the standards of care for the operation of its license. 'FERC must be given the opportunity to assess if Lake Lynn's license was violated in the first place. … Plaintiff's claims must be dismissed to seek relief in FERC's administrative proceedings, and, if necessary, before the Fourth Circuit [Court of Appeals].' The company argues that having to decide between competing license requirements in the case of an emergency was anticipated in FERC's environmental impact statement, which notes that preserving minimum flows during a drought could lower reservoir (Cheat Lake) levels. The statement says, 'The primary adverse effect of such draw-downs would be on boating in the marinas.' Lake Lynn also noted that the case should remain in federal court because it deals with conflicting interests between two states: maintaining lake levels in West Virginia above the dam, versus downstream water flows in Pennsylvania below the dam. It says five factors must be weighed: prioritizing license requirements; balancing lake recreational use against the downstream ecosystem; weighing the impact of the 2024 drought; determining what constitutes an emergency justifying adjusting the lake levels; and determining if its FERC license was in fact violated. Kleeh did not set a date for issuing his order on the motions.
Yahoo
24-05-2025
- Business
- Yahoo
FERC approves Lake Lynn's recreation plan update for Cheat Lake
May 23—dbeard @ MORGANTOWN — The Federal Energy Regulatory Commission this week approved Lake Lynn Generation's 2024 update to its recreation plan for the Lake Lynn Hydroelectric Project. The approval came as Lake Lynn pursues relicensing for the project. Lake Lynn did not propose any new recreation sites, facilities, or amenities in its update. FERC approved a couple small changes to the plan. Lake Lynn will remove the fish cleaning station at Cheat Lake Park. And the company will no longer be required to submit recreation plan updates every three years. FERC notes that this update was based on a 2020 recreation assessment, in consultation with stakeholders, with data obtained from spot visits to recreation sites on random weekdays, weekends and holidays during the year, for a total 40 days at each site. Lake Lynn reported that all sites, except Cheat Lake Park Lower Parking Area and Sunset Beach Marina, are used at less than 50 % capacity. Cheat Lake Park Lower Parking Area and Sunset Beach Marina were operating between 50 % and 100 % percent capacity. Lake Lynn old FERC that it will work to address the parking capacity issues that occur at Sunset Beach Marina on certain peak weekends. Lake Lynn wants to close the fish cleaning station, it told FERC, because it is consistently being misused and vandalized, requiring additional maintenance. Providing surveillance through security cameras or increasing security patrols would be costly. The station was not used at any time during the 2020 spot counts. The West Virginia Department of Natural Resources supports the removal of the station, Lake Lynn told FERC, and no stakeholders have objected to its removal. FERC found the request justified and reasonable. On the topic of stopping the triennial recreation plan updates, Lake Lynn told FERC that it began the current relicensing process in 2019, and it has proposed a new recreation management plan in its Final License Application. WVDNR supports the request and no stakeholders objected. FERC said Lake Lynn "is reminded that it has a continued obligation to maintain its project recreation facilities under its recreation management plan " and under federal code.
Yahoo
30-01-2025
- Climate
- Yahoo
Lake Lynn Generation annual report looks back at summer drought at Cheat Lake
Jan. 29—MORGANTOWN — Lake Lynn Generation's annual elevation and flow report gives a retrospective look at its response to the summer drought conditions that stirred — and is still stirring opposition ot its management of its hydroelectric project. Lake Lynn is required to file the report with the Federal Energy Regulatory Commission each year. From May 1-Oct. 1, it's supposed to maintain Cheat Lake's elevation between 868 and 870 feet ; Nov. 1-March 31, 857-870 feet ; April 1-30, 863-870 feet. The summer drought put Lake Lynn in a trilemma — having to choose between three competing FERC license requirements: maintain the summer level of 868-870 feet ; maintain a flow rate of 212 cubic feet per second (cfs) into the Cheat, with an absolute minimum of 100 cfs ; and maintain dissolved oxygen at 5 milligrams per liter for the aquatic life. Lake Lynn's report, submitted to FERC on Tuesday and posted by FERC on Wednesday, shows a brief variation on May 10, 2024 — 3 hours 30 minutes — where the lake rose about a third of a foot above the maximum elevation. The drought stretch began on Sept. 7 and ran through Sept. 30 — a total 22 days. The elevation reached 1.1 below minimum Sept. 7-13 ; 2 /7 feet below minimum Sept. 13-20 ; 3.3 below minimum Sept. 20-27. The last three-day stretch says "end of the event." Lake Lynn told FERC, "Extremely low inflow into the project reservoir and severe drought conditions made it impossible to maintain all three license requirements during the month of September 2024." It chose to maintain spillway flow and dissolved oxygen levels. "LLG operation staff acted appropriately to prioritize complying with its license requirements to minimize adverse aquatic ecosystem impacts to the Cheat River downstream of the project." Lake Lynn reminded FERC that anticipating the drought, it submitted a request for a temporary variance to the lake level requirement in July. The West Virginia Department of Environmental Protection first approved the request then withdrew the approval in the face of public concerns. FERC then requested more information. Seeing that the process would extend beyond the drought period, Lake Lynn withdrew its request on Sept. 11. Lake Lynn has told FERC that to help remedy the competing license requirements in the future, the company has proposed, in its Final License Application, to develop an Operation Plan that will include standard operating procedures to be implemented during periods of low inflow and low dissolved oxygen, "which will document the prioritization of license requirements and how Lake Lynn will comply with the operational requirements of the license." Public protests, filed with FERC, mentioned such issues as largely empty marinas, dock damages, boats stranded on mud flats, vast swaths of hydrilla covering portions of the lake surface, and effects on tourism, recreation and the area economy. Other issues Lake Lynn's Lake Lynn Hydroelectric Project license expired Nov. 30. FERC in December issued an annual license to allow Lake Lynn to continue operating while FERC processes its license renewal application. Protests are stil trickling in to FERC, chiefly regarding Lake Lynn's proposal to remove 243.8 acres of project land no longer needed for project purposes from its project boundary. A protest filed last week says, "I am in favor of them continuing to operate the electric generation facility. But they need to increase the maintenance and upkeep of the area surrounding Lake Lynn, the park and the trail that was created, and the public access to the area. However, I am opposed to them removing property from what they list as the park area. "The representatives have said that they have no intention of selling this excess acreage, the letter continues. "But if it is removed and if the right price is offered, I think they will change their mind. I have a special interest as a property owner at Lake Lynn. Unfortunately, some of the property that they propose to remove is between my property and the lake. It would be totally unacceptable to have someone else come in and take ownership of that property and obstruct our access. ... Just leave it as it is." Another protest, filed Jan. 6, notes that the acreage in question is valuable, with 5 nearby acres offered for $1.2 million. And Lake Lynn hasn't said what it will do with the land. "A sale of the acreage for millions of dollars is plainly in the offing, for why would the licensee bother to retain and care for land that in its judgment is no longer 'needed ?'" Selling to a developer, the letter says, would be "to the everlasting detriment of water quality, wildlife, recreation, shoreline management, and natural aesthetics." Meanwhile, a lawsuit filed by the Biafora family business Marina 1 LLC against Lake Lynn Generation continues to play out in federal court. Marina 1 is seeking $50, 000 compensation for property damages, alleging that before the Labor Day weekend, Lake Lynn deliberately lowered the level of Cheat Lake below the 868-foot minimum in violation of its FERC license. This caused various damages, some of them irreparable. The case originated in Monongalia County Circuit Court and Marina 1 wants it moved back there, and out of the U.S. District Court for the Northern District of West Virginia in Clarksburg. Lake Lynn wants the case kept in federal court. It argues the case should be dismissed because it is "an impermissible collateral attack " on its FEC license, the federal court has no jurisdiction over how the company should prioritize competing FERC license requirements, and Marina 1's claims are preempted by federal law.
